Ouko allowed to settle Sh20m bribery case by top manager
Auditor General Edward Ouko during the 16th Annual Conference for the Institute of Internal Auditors of Kenya at Sarova Whitesands Beach Resort, June 12, 2018. PHOTO | KEVIN ODIT | NATION MEDIA GROUP
What you need to know:
- Ouko told Justice Makau that he wanted two months to try solving the case by audit manager Raphael Muigai Ikame out of court.
- Ikame, who is accused of soliciting a Sh20 million bribe from officials of Kirinyaga County so as to alter audit findings for financial year 2016/17, did not oppose the application.
Through lawyer Kithinji Marete, Ikame said his interdiction on March 29, 2018 was irregular and unconstitutional.
The Labour Court in Nyeri County has allowed Auditor-General Edward Ouko to settle out of court, a suit by an audit manager who was interdicted over a Sh20 million bribery claim.
The decision on Monday came after Mr Ouko, through lawyer Milcah Ondek, told Justice Nzioki wa Makau that he preferred this approach to the case filed by Raphael Muigai Ikame.
NO OPPOSITION
Mr Ouko asked for two months to try the alternative dispute resolution mechanism.
As such, Ms Ondek said the hearing of the case should be halted temporarily.
Mr Ikame, who is accused of soliciting a Sh20 million bribe from officials of Kirinyaga County so as to alter audit findings for financial year 2016/17, did not oppose the application.
While allowing the proposal, Justice Makau said that if the two parties fail to resolve the dispute and record the consent in court, the hearing will proceed.
He further ruled that, since the interdiction was lifted by the court last month, the auditor-general should not take any adverse action against Mr Ikame.
“The status quo [must] be maintained," he said, regarding the case that will be mentioned on January 16, 2019 to confirm a resolution.
THE ALLEGATIONS
Mr Ikame was the auditor manager in charge of Nyeri and Kirinyaga counties.
Documents in the court indicate that around November 15, 2017, he led a team of eight officers in conducting an audit of Kirinyaga for financial year 2016/17.
The interdiction letter says that he demanded the bribe during a meeting on January 19, 2018 at Edge Wood Hotel along Thika-Gatanga road.
He was additionally accused of summoning all Kirinyaga contractors and suppliers and threatening to blacklist them if they did not part with the money.
“You summoned former county executive committee members, chief officers and directors of Kirinyaga to appear before you, with threat. You had been sent by the current administration (governor) to investigate alleged mismanagement of funds,” the letter says.
Through lawyer Kithinji Marete, however, Mr Ikame said his interdiction on March 29, 2018 was irregular and unconstitutional.
He accused Mr Ouko of infringing upon his rights by interdicting him on the claims.
Mr Marete said that for the 22 years Mr Ikame worked with the Office of the Auditor General, formerly the Kenya National Audit Office, he was never found culpable of wrongdoing.
